LOCAL GOVERNMENT CODE
CHAPTER 86. CONSTABLE
SUBCHAPTER A. GENERAL PROVISIONS
§ 86.001. ELIGIBILITY TO SERVE AFTER BOUNDARY CHANGE. A
person who has served as the constable of a precinct for 10 or more
consecutive years before a change is made in the boundaries of the
precinct is not ineligible for reelection in the precinct because
of residence outside the precinct if the constable's residence is
within the boundaries of the precinct as they existed before the
change.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 86.002. OATH; BOND. (a) Before entering on the
duties of office, a person who is elected to the office of constable
must execute a bond with two or more good and sufficient sureties.
The bond must be payable to the governor and the governor's
successors in office and conditioned that the constable will
faithfully perform the duties imposed by law. The bond must be
approved by the commissioners court of the county. The
commissioners court shall set the bond in an amount of not less than
$500 or more than $1,500.
(b) A person who is elected constable must also take and
sign the constitutional oath of office. The oath shall be endorsed
on the bond, together with the certificate of the officer who
administers the oath. The bond and oath must be deposited and
recorded in the office of the clerk of the county court.
(c) The bond is not void on the first recovery but may be
sued on from time to time in the name of an injured party until the
whole amount of the bond is recovered.
(d) A person who is elected or appointed to the office of
constable and who has given the necessary bond and taken the oath of
office may immediately perform the duties of the office. The acts
of the constable are as valid in law as if the constable were
commissioned.
(e) Repealed by Acts 1995, 74th Leg., ch. 683, § 1, eff.
Aug. 28, 1995.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1995, 74th Leg., ch. 683, § 1, eff. Aug. 28, 1995.
§ 86.0021. QUALIFICATIONS; REMOVAL. (a) A person is
not eligible to serve as constable unless the person:
(1) has a high school diploma or a high school
equivalency certificate; and
(2) is eligible to be licensed under Sections 1701.309
and 1701.312, Occupations Code.
(b) On or before the 270th day after the date a constable
takes office, the constable shall provide, to the commissioners
court of the county in which the constable serves, evidence that the
constable has been issued a permanent peace officer license under
Chapter 1701, Occupations Code. A constable who fails to provide
evidence of licensure under this subsection or who fails to
maintain a permanent license while serving in office forfeits the
office and is subject to removal in a quo warranto proceeding under
Chapter 66, Civil Practice and Remedies Code.
(c) The license requirement of Subsection (b) supersedes
the license requirement of Section 1701.302, Occupations Code.
Added by Acts 1997, 75th Leg., ch. 884, § 3, eff. Jan. 1, 1998.
Amended by Acts 1999, 76th Leg., ch. 877, § 1, eff. Aug. 30,
1999; Acts 2001, 77th Leg., ch. 1420, § 14.821, eff. Sept. 1,
2001.
§ 86.003. NEW BOND; REMOVAL. (a) If any of the
sureties of a constable dies, permanently moves from this state,
becomes insolvent, or is released from liability as provided by law
or if the commissioners court determines that the bond of the
constable is insufficient, the court shall issue a citation that
requires the constable to appear at a time set in the citation,
after the 10th day but on or before the 30th day after the date the
citation is issued, in order to execute a new bond with good and
sufficient surety.
(b) If the constable neglects or refuses to appear to
execute the bond at the designated time, the constable shall cease
to perform the duties of the office and shall be removed from office
by the judge of the district court in the manner provided by law for
the removal of county officers.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
SUBCHAPTER B. DEPUTIES
§ 86.011. APPOINTMENT OF DEPUTY CONSTABLE. (a) An
elected constable who desires to appoint a deputy must apply in
writing to the commissioners court of the county and show that it is
necessary to appoint a deputy in order to properly handle the
business of the constable's office that originates in the
constable's precinct. The application must state the name of the
proposed deputy. The commissioners court shall approve and confirm
the appointment of the deputy only if the commissioners court
determines that the constable needs a deputy to handle the business
originating in the precinct.
(b) Each deputy constable must qualify in the manner
provided for deputy sheriffs.
(c) The constable is responsible for the official acts of
each deputy of the constable. The constable may require a deputy to
post a bond or security. A constable may exercise any remedy
against a deputy or the deputy's surety that a person may exercise
against the constable or the constable's surety.
(d) A person commits an offense if the person:
(1) serves as a deputy constable and the person has not
been appointed as provided by Subsection (a); or
(2) is a constable and issues a deputyship without the
consent and approval of the commissioners court.
(e) An offense under Subsection (d) is punishable by a fine
of not less than $50 or more than $1,000.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 86.012. RESERVE DEPUTY CONSTABLES. (a) The
commissioners court of a county may authorize a constable of the
county to appoint reserve deputy constables. The commissioners
court may limit the number of reserve deputy constables that a
constable may appoint.
(b) A reserve deputy constable serves at the discretion of
the constable and may be called into service at any time that the
constable considers it necessary to have additional officers to
preserve the peace and enforce the law. The constable may authorize
a reserve deputy constable who is a peace officer as described by
Article 2.12, Code of Criminal Procedure, to carry a weapon or act
as a peace officer at all times, regardless of whether the reserve
deputy constable is engaged in the actual discharge of official
duties, or may limit the authority of the reserve deputy constable
to carry a weapon or act as a peace officer to only those times
during which the reserve deputy constable is engaged in the actual
discharge of official duties. A reserve deputy constable who is not
a peace officer as described by Article 2.12, Code of Criminal
Procedure, may act as a peace officer only during the actual
discharge of official duties. A reserve deputy constable,
regardless of whether the reserve deputy constable is a peace
officer as described by Article 2.12, Code of Criminal Procedure,
is not:
(1) eligible for participation in any program provided
by the county that is normally considered a financial benefit of
full-time employment or for any pension fund created by statute for
the benefit of full-time paid peace officers; or
(2) exempt from Chapter 1702, Occupations Code.
(c) A reserve deputy constable must take the official oath
and must execute a bond in the amount of $2,000, payable to the
constable. The oath and bond must be filed with the county clerk of
the county in which the appointment is made. The oath and bond must
be given before the reserve deputy constable's entry on duty and
simultaneously with the officer's appointment.
(d) While actively engaged in an assigned duty at the call
of the constable, a reserve deputy constable is vested with the same
rights, privileges, and duties of any other peace officer in this
state.
(e) The county and the constable do not incur any liability
by reason of the appointment of a reserve deputy constable if the
reserve deputy constable incurs a personal injury while serving in
that capacity.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1999, 76th Leg., ch. 90, § 3, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1420, § 14.822, eff. Sept. 1, 2001.
SUBCHAPTER C. POWERS AND DUTIES
§ 86.021. GENERAL POWERS AND DUTIES. (a) A constable
shall execute and return as provided by law each process, warrant,
and precept that is directed to the constable and is delivered by a
lawful officer. Notices required by Section 24.005, Property Code,
relating to eviction actions are process for purposes of this
section that may be executed by a constable.
(b) A constable may execute any civil or criminal process
throughout the county in which the constable's precinct is located
and in other locations as provided by the Code of Criminal Procedure
or by any other law.
(c) A constable expressly authorized by statute to perform
an act or service, including the service of civil or criminal
process, citation, notice, warrant, subpoena, or writ, may perform
the act or service anywhere in the county in which the constable's
precinct is located.
(d) Regardless of the Texas Rules of Civil Procedure, all
civil process may be served by a constable in the constable's county
or in a county contiguous to the constable's county, except that a
constable who is a party to or interested in the outcome of a suit
may not serve any process related to the suit.
(e) The constable shall attend each justice court held in
the precinct.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 1, § 13(a), eff. Aug. 28, 1989; Acts
1997, 75th Leg., ch. 884, § 1, eff. Jan. 1, 1998.
§ 86.022. POWER TO SUMMON RESIDENT ASSISTANCE. (a) If
a constable encounters resistance in the execution of any lawful
process or in the arrest of an offender, the constable may call for
assistance any resident of the county who is convenient.
(b) A person who fails or refuses to obey a call for
assistance may, on the motion of the constable, be fined by a
justice of the peace in the manner provided for contempt. The
amount of the fine may not exceed $10. The person who is accused of
not providing assistance must be given three days' notice of the
motion.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 86.023. COLLECTION LIABILITY. If, for collection, a
constable receives a bond, bill, note, or account from any person
and the constable gives a receipt in an official capacity for the
instrument or account, the constable and the constable's sureties
are liable under the constable's bond for the amount collected if
the constable fails to pay the amount on demand to the person for
whom the constable made the collection.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 86.024. FAILURE TO EXECUTE PROCESS. (a) If a
constable fails or refuses to execute and return according to law a
process, warrant, or precept that is lawfully directed and
delivered to the constable, the constable shall be fined for
contempt before the court that issued the process, warrant, or
precept on the motion of the person injured by the failure or
refusal.
(b) The fine shall be set at not less than $10 or more than
$100, with costs. The fine shall be for the benefit of the injured
person. The constable must be given 10 days' notice of the motion.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 86.025. UNFINISHED BUSINESS. If a constable vacates
the office for any reason, all unfinished business shall be
transferred to the succeeding constable and completed in the same
manner as if the successor had begun the business.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
